Klein v. Klein
Mary Klein (Mary) is the widow of Alex Klein (Klein), and Alvin Klein (Alvin) and Mark Klein (Mark) are Klein's sons from a prior marriage. In a petition to determine the existence and terms of the Alex Klein Revised Trust (trust), Mary claimed that Klein had been unduly influenced to amend his trust on July 5, 1999, and leave her without support. Specifically, the amendment to the trust established that she had no interest in the eight unit apartment building (building) that Klein and she relied upon as their sole means of income during their marriage. Mary eventually entered into a settlement agreement with Alvin and Mark. But she later claimed that the probate court's approval of the settlement agreement was the result of extrinsic fraud that prevented her from presenting her whole case. Mary petitioned the probate court to vacate the settlement agreement and reinstate her petition to determine the existence and terms of the trust. According to Mary, the extrinsic fraud was a forged quitclaim deed that bore her signature and purported to convey her interest in the building to the trust. The effect of the forged quitclaim deed was to give the building to Alvin and Mark. She contends that she executed the settlement agreement only because she believed the quitclaim deed was valid. She further contends that she did not discover that the quitclaim deed was forged until many years after she agreed to settle her claim. The petition to vacate was denied, and Mary appealed.
Having found no error, court affirm.
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